ONLINE AND MOBILE BANKING AGREEMENT 1. - H&R Block

Transcription

ONLINE AND MOBILE BANKING AGREEMENT1.IntroductionMetaBank , National Association, together with certain of its third-party service providers (including programmanager Emerald Financial Services, LLC), as applicable, strive to provide you with the highest quality online andmobile banking services available. This Online and Mobile Banking Agreement governs your use of these services.This Online and Mobile Banking Agreement includes: 2.the Consent to Electronic Communications in Section 3;the Electronic Fund Transfer Act Disclosures in Section 6; anda binding arbitration agreement in Section 7 that requires resolution of disputes by individualarbitration rather than by jury trials or class actions.Definitions. The words used in this Agreement have the following meanings:2.1"Access Credentials" means your user name, login identification, password, biometric identification (e.g.,fingerprint) or other means of identification and authentication, or combination thereof, that is requiredfor logging into or otherwise accessing the Services or a particular function of the Services.2.2"Account" means your eligible Emerald Card , Emerald Savings, Emerald AdvanceSM, or other MetaBankaccount which can be accessed through Online Banking or Mobile Banking. The term "Account" may referto multiple accounts if you have multiple eligible Accounts, as indicated by the context.2.3"Account Alerts" means the Text Alerts Service and the Email Alerts Service.2.4"Agreement" means this Online and Mobile Banking Agreement.2.5"Bill Pay Service" means the Service accessible via Mobile Banking and Online Banking that permits youto schedule and make payments from your Emerald Card to Payees.2.6"Business Day" is every Monday through Friday, excluding federal holidays, even if we are open.2.7"Card Account" or “Emerald Card Account” means the account associated with your Emerald Card .2.8"Check-to-Card Service" means the Service within Mobile Banking offered to you by Ingo Money, Inc. andSunrise Banks, N.A., that permits you to convert paper checks to electronic checks, negotiate themelectronically, and load the proceeds to your Card Account.2.9"Due Date" is the date reflected on your Payee Statement for which the payment is due, and which is theactual due date, not a late date and not including any grace period.2.10"Email Alerts Service" means the Service by which you can opt in to receive email alerts of certain activityon your Emerald Card at an email address you provide.2.11"Emerald Advance" means the H&R Block Emerald Advance line of credit originated by MetaBank.2.12"Equipment" means the equipment you use to access the Services, including but not limited to items suchas a Mobile Device, desktop computer, or a laptop computer.2.13"Emerald Card" means the H&R Block Emerald Prepaid Mastercard issued by MetaBank.2.14"ePockets Service" means the Service within Online Banking that allows you to set funds aside from thespending portion of your Emerald Card Account for specific purposes you designate.

2.15"Emerald Savings" means the H&R Block Emerald Savings Account offered by MetaBank.2.16"Linked Accounts Service" means the Service available through Online Banking through which you linkyour checking account at another financial institution to your Emerald Card Account to facilitate thetransfer of funds from your checking account to your Card Account via the ACH network.2.17“MetaBank” means MetaBank, National Association, its successors, affiliates, parents, holdingcompanies, or assignees.2.18"Mobile App" means the MyBlockSM app that you can download to your iPhone or Android device thatallows you to access Mobile Banking with your Access Credentials.2.19"Mobile Banking" means the banking services offered through the Mobile App, including the Bill PayService, the Check-to-Card Service, and the (Tap) for Balance Service.2.20"Mobile Device" means a supportable device such as a cellular phone, smart phone, tablet or othermobile device that you use to access Online Banking or Mobile Banking and is web-enabled and allowsSecure Sockets Layer (SSL) traffic capable of receiving text messages.2.21"Online Banking" means the banking services offered through the H&R Block website(www.hrblock.com); including the Bill Pay Service, the ePockets Service, the Linked Accounts Service, theability to obtain certain transaction history for your Emerald Card, and the ability to draw funds from yourEmerald Advance and load those funds to your Card Account.2.22"Payee" is the person or entity to which you wish a payment to be directed.2.23"Payee Account Number" is the account number assigned to you by a Payee.2.24"Payee Statement" is a statement you received from a Payee indicating the amount you must pay to thePayee.2.25"Payment Instruction" is the information you provide to us through the Bill Pay Service instructing that apayment should be made to a Payee, which includes the Payee Account Number, Payee, the amount ofthe payment and the Scheduled Payment Date.2.26"Scheduled Payment" is a payment that has been scheduled through the Bill Pay Service but has notbegun processing.2.27"Scheduled Payment Date" is the date you designate in a Payment Instruction on which you wish a Payeeto receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in whichcase the actual Scheduled Payment Date will be the preceding Business Day.2.28"Services" means the services provided in Online Banking and Mobile Banking, and any other relatedservices we make available to you (or, individually, a "Service," as indicated by the context). Not allServices are available through both the Online Banking and Mobile Banking channels.2.29"(Tap) for Balance Service" means the Service within Mobile Banking by which you can opt in tofunctionality to view your Emerald Card Account balance on the Mobile App login screen with a tap ofyour finger for a period of time without repeatedly logging in.2.30"Text Alerts Service" means the Service by which you can opt in to receive text alerts on your MobileDevice of certain activity on your Emerald Card at a phone number you provide.

3.2.31"We," "Us," or "Bank" means MetaBank, together with certain of its third-party service providers(including program manager Emerald Financial Services, LLC), as applicable.2.32"You" and "Your" refers to each person with authorized access to your Account through the Services.Consent to Electronic Communications.This consent to electronic communications provides important information required by the Electronic Signaturesin Global and National Commerce Act (E-SIGN Act) and your consent to electronic delivery of any Communicationsrelating to your use of the Services or your relationship with us. You are not required to consent to receivingdisclosures electronically, but if you do not consent, you may not proceed with using the Services.3.1Scope of Consent. You agree that any Communication we provide may be in electronic form, and that allCommunications in electronic format from us to you will be considered “in writing.” Your consent toreceive Communications electronically applies to all Communications relating to your use of the Servicesor your relationship with us. You also agree that we do not need to provide you with an additional paper(non-electronic) copy of the Communications unless specifically requested as described below. Youshould print or download for your records a copy of any Communication that is important to you. Thisconsent does not require us to deliver Communications electronically, and we may provide paper copiesof Communications at our discretion. “Communications” means all notices, disclosures (including thoserequired by law), agreements, fee schedules, records, account statements, documents, or otherinformation we provide to you or that you sign or agree to relating to your use of the Services.3.2Method of Delivery. We may provide electronic Communications to you in one or more of the followingways: 3.3Via email at the email address you provided to us;By access to a designated area of our website (e.g., MyBlockSM) or within the Mobile App; orDuring your use of the Services including, without limitation, via a screen or page while usingOnline or Mobile Banking or via a link from within Online or Mobile Banking to a web pagecontaining the Communications.Hardware and Software Requirements. To access Communications, you must have the following: A Current Version (defined below) of Internet Explorer, Chrome, Safari, or Firefox;An internet connection;An email account and related software for accessing the email account;A Current Version of a program that accurately receives, accesses, and displays PDF files;Equipment with an operating system capable of supporting all of the above. You will need aprinter if you wish to print and retain paper records or sufficient electronic storage capacity if youwish to retain records in electronic form.“Current Version” means a version of the software that is currently being supported by its publisher.3.4Obtaining Paper Copies. You have the right to receive a paper copy of Communications. You may requesta paper copy of Communications by calling 1-866-353-1266. We must receive your request within areasonable time after we first provided the Communication to you.3.5Withdrawing Consent/Updating Information.(A)Withdrawing Consent or Updating Information. If you want to withdraw your consent to receiveCommunications electronically or update your information, including a change to your emailaddress, you must notify us in writing at the following address: HRB Digital LLC, Attn: Client

Services 6th Floor, P.O. Box 10435, Kansas City, Missouri 64171-0435. Please provide yourphysical address and email address to request the change. If you fail to notify us of a change inyour email address, you understand and agree that any Communications sent via email will bedeemed to have been provided or made available to you in electronic form.(B)3.64.Result of Withdrawing Consent. If you choose to withdraw your consent to receiveCommunications electronically, then you may be unable to access certain features or functionalityof the Services. In some cases, your decision to withdraw your consent to receiveCommunications electronically may impede the functionality and features of the Services to anextent that your ability to use the Services is terminated. You acknowledge that some noticesmay be “one-time” notices for which your consent may not practically be withdrawn afterreceiving the initial electronic notice.Confidentiality/Limitation of Liability. You understand that the Communications may be confidential innature. We are not responsible for unauthorized access by third parties to information and/orcommunications provided electronically or for any damages, including direct, indirect, special, incidentalor consequential damages, caused by unauthorized access. If you have any questions about theseCommunications, you may contact us by telephone at 1-866-353-1266.The Services4.1This Agreement. By using the Services, you are agreeing to all terms and conditions in this Agreement.You represent that you are at least 18 years old (or 19 if you live in Nebraska or Alabama, or 21 if you livein Puerto Rico) and otherwise able to lawfully enter into this Agreement. You are responsible for alltransactions you authorize using the Services under this Agreement.4.2Your ability to use the Services. You understand that the Services are provided to you for yourconvenience and at your request and that you are not required to use all or any of the Services. Youunderstand that all Services may not be available to you at all times and that certain restrictions may applyto your use of the Services. We are not responsible for any errors or delays in your ability to use theServices. We reserve the right to limit the types and number of Accounts eligible for the Services. We alsoreserve the right to refuse to make any transaction you request. The Services may not be available outsidethe United States and your access of the Services outside the United States is at your own risk.4.3Your other agreements with Us and our service providers. This Agreement supplements the terms andconditions of your Account to which you have previously agreed or agree to in the future, including theCardholder Agreement for the Emerald Card, the Emerald Savings Account Agreement and Terms andConditions, and the Emerald Advance Terms & Conditions. Your Account will continue to be subject to theagreements that otherwise govern them. If this Agreement conflicts with any Account agreement, theAccount agreement will control. Additionally, each Account will be subject to the following: any separate terms and conditions governing a particular Service;the instructions appearing on a screen when using a Service;our rules, procedures and policies applicable to each Account;the MetaBank Privacy Policy;the rules and regulations of any funds transfer system used in connection with the Services; andany applicable laws and regulations.Your use of the Services is also governed by H&R Block’s Online Services Agreement and the Mobile AppPrivacy Notice, as applicable to the Services.4.4Your other agreements with third parties. You agree that you remain subject to any agreement you havewith an unaffiliated third party when using the Services, including but not limited to your mobile or online

service providers. You understand that those agreements may impose certain fees, limitations andrestrictions which might impact your use of the Services, such as data usage or text messaging chargesimposed on you by your mobile service provider. It is your responsibility to determine if your third-partyagreements impose such fees, limitations and restrictions, and to the extent they do, you agree that youare solely responsible for those fees, limitations and restrictions. You agree that only your mobile andonline service providers are responsible for their products and services and that you will resolve any issuesor problems directly with the provider without involving us.4.5Protecting your Account(A)User security. You agree to take every reasonable precaution to ensure the safety, security andintegrity of your Account and transactions when using the Services. You agree you will not leaveyour computer unattended while accessing the Services, and you will not allow or configure yourcomputer to save your user name and password. You agree to completely log out when you arefinished using the Services.(B)Access Credentials. By enrolling in the Service and initiating transfers from your Account usingyour Access Credentials, you acknowledge and agree that it is commercially reasonable for us toverify the authenticity of a funds transfer order by receipt of your Access Credentials. You agreeto be bound by instructions verified with your Access Credentials, whether authorized orunauthorized, unless you have given us prior notice of possible unauthorized use of your AccessCredentials and we had a reasonable opportunity to act on such notice.(C)Security of your Access Credentials. Your Access Credentials are used to gain access to theServices and should be kept confidential at all times. You are responsible for preserving theconfidentiality of your Access Credentials, Account numbers and other Account data. If you makethis information available to others, you are responsible for all transactions completed by thosepersons.We recommend that you change your password regularly, and that you memorize it and do notwrite it down.4.6Your Equipment(A)Your use of the Services with your Equipment. You represent that you are an authorized user ofyour Equipment. You understand that you must use the Services with Equipment that you select,and that some or all of the Services may not work with the Equipment you choose to use. It isyour responsibility to make sure you can properly use your Equipment and to determine if yourEquipment will support your use of the Services. You understand that your use of the Services isdependent on certain factors beyond our control, such as factors affecting your wireless carrierprovider or the carrier settings on your Mobile Device. We do not guarantee the availability of theServices or successful delivery of any particular Service, including Account Alerts and the (Tap) forBalance Service. We are not responsible for your Equipment or the availability of the servicesprovided by your online or mobile carrier, such as data outages or "out of network" issues.(B)Viruses. You understand that your Equipment may be susceptible to viruses, worms, malware, orother malicious programs that could result in damage to you, such as harm to your Equipment oryour personal information being intercepted by a third party. You are responsible for ensuring theEquipment you use is free from any such programs, and you agree that we are not responsible orliable for any such programs. You agree you will not send us any such program, access the Serviceswith any Equipment containing any such program, or engage in any activity that could have aharmful effect on the Services.

(C)Your responsibility to maintain security on your Equipment. You understand that certain Serviceswe offer, such as the (Tap) for Balance Service and Account Alerts, allow you to access certaininformation on your Equipment without logging in to Online Banking or Mobile Banking. Once youopt into any such Service, you are responsible for keeping any personal information on yourEquipment secure. You should take all reasonable steps to keep this information secure, such asenabling the security features on your Equipment. If your Equipment is lost or stolen, or if youronline or mobile service provider changes, you agree to take reasonable steps to protect thisinformation. These steps include contacting us as soon as possible and logging in to OnlineBanking and cancelling the Text Alerts Service or Email Alerts Service.4.7User conduct. You are responsible for your use of the Services and all transactions and activity that youauthorize through the Services. You certify to us and agree that your use of the Services will not in anyway, directly or indirectly, violate applicable law, including any law, statute, ordinance, contract orregulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraudor theft and/or violate any provision of this Agreement or any other agreement to which you are bound.You also agree not to make commercial use of the Services or resell, lease, rent, or distribute access tothe Services.4.8Fees for the Services. We do not charge a monthly or other fee for accessing Online Banking or MobileBanking, although there are fees for your use of certain Services, as described below in this Agreementand your Account agreements. All other fees which have been separately disclosed to you in connectionwith your Account will continue to apply to that Account and to the Services. We may begin charging afee for a Service at any time even if we did not do so previously. Your use of the Services can also resultin fees being charged by third parties, such as data fees charged by your wireless carrier.4.9Assumption of Risk. You understand and accept all risk associated with your use of the Services to themaximum extent permitted by applicable law and this Agreement. We are not and will not be responsiblefor losses caused by your failure to properly use the Services, for any error or delay in your ability to accessany Service, any cost of upgrading your Equipment to remain current with the Service, or any damage toyour Equipment or the data therein.4.10LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BYAPPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOTRESPONSIBLE FOR ANY COST, LOSS, INJURY OR DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL, INCLUDING ATTORNEYS' FEES AND LOST PROFITS, EVEN IF WE ARE ADVISEDIN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) CAUSED BY THE SERVICES OR THE USE THEREOF,INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOROR ANY CLAIM ARISING OUT OF THE USE OF THE SERVICES ON YOUR EQUIPMENT, INCLUDING YOURCOMPUTER OR MOBILE DEVICE.4.11Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree, to theextent permitted by applicable law, to indemnify, defend and hold harmless MetaBank and our thirdparty service providers (including Emerald Financial Services, LLC), as well as our or their respective directand indirect parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, serviceproviders, licensors, successors, assigns, and the franchisees of any of them, from any and all liabilities,damages, expenses and costs (including attorneys' fees) arising from third-party claims, disputes, actionsor allegations, including those related to infringement, misuse, or misappropriation of information orotherwise, in connection with your use of the Services, your violation of any law or rights of a third party,or related activity.

5.4.12Modification of the Services. We may modify the Services from time to time in our sole discretion.Features within Mobile Banking and Online Banking are subject to change without notice. We may revisethe limits on type, frequency and amount of transfers for security purposes and may change or imposelimits without notice. In the event of modifications, you are responsible for making sure you understandhow to use the Services as modified. You may agree to or reject the changes by continuing ordiscontinuing, respectively, your use of the Services. We may also offer additional Services and featuresfrom time to time. Any added Services and features will be governed by this Agreement and by any termsand conditions provided to you at the time when you use the new Service or feature.4.13Termination of the Services. We reserve the right to suspend or terminate the Services in whole or in partat any time with or without cause and without prior written notice to you, except as required by law. Wemay (but are not obligated to) suspend your use of the Services in our sole discretion, such as the in thecase of suspected fraudulent activity. If you provide us with a termination notice, we may (but are notobligated to) immediately discontinue making previously authorized transfers, including recurringtransfers and other transfers previously authorized but not yet made. Termination of your use of theServices does not affect your obligations under this Agreement.4.14How to Contact Us Regarding the Services. You agree to contact us via telephone or mail rather thanemail for inquiries relating to the Services or your Accounts. To contact us by phone, call 1-866-353-1266.To contact us by mail, write to us at: Cardholder Customer Service, P.O. Box 10170, Kansas City, MO 64171.4.15Services Availability. We use commercially reasonable efforts to make the Services available for your usewith minimal interruptions. However, the Services may be temporarily unavailable for systemmaintenance. In addition, access to the Services may be interrupted because of conditions beyond ourcontrol, including outages in Internet or telecommunications availability. We will use commerciallyreasonable efforts to reestablish the Services in those instances, but we do not guarantee the Serviceswill always be available for your use. We do not guarantee functionality of the Services on any MobileDevice or through all web browsers, on all communications networks, in all geographic regions, or at alltimes. In no event will we be liable to you for unavailability of the Services or your inability to access theServices or particular functions within a Service.Available Services5.1Access. To use Online Banking or Mobile Banking, you must first set up your Access Credentials andcomplete a verification process. Once completed, you may use the Services to obtain certain informationabout your eligible Accounts. For example, you may be able to obtain your Account balance, access certaintransaction history and statements, and other limited information. You may access certain Servicesrelated to your eligible Emerald Card or Emerald Advance through either Mobile Banking or OnlineBanking. You may access certain Services related to your eligible Emerald Savings Account through OnlineBanking.5.2Transfers. The following categories of transfers may be made via the Services. You must have sufficientfunds available in the selected Account at the time the transfer is initiated. We do not generally approvetransfers that we know will exceed your available balance, however, you will be responsible for anytransfers that do exceed your available balance.(A)Transfers between MetaBank Accounts. You may use the Services to transfer funds between youreligible MetaBank Accounts, including moving funds between your Emerald Card Account andyour Emerald Savings Account, making payments from your Emerald Card Account to yourEmerald Advance line of credit, and drawing against your Emerald Advance line of credit accountand loading those funds to your Emerald Card Account.

(B)(i)Separateness of Accounts. Each of your Accounts is a separate account and you must takeaffirmative steps to transfer money between them. You must separately make a drawagainst your Emerald Advance line of credit and load that money to your Emerald CardAccount; you may never directly access your line of credit by using your Emerald Card tomake a transaction.(ii)Fees. We do not charge a fee for transfers between MetaBank Accounts.Transfers between MetaBank Accounts and third-party accounts. You may also be able totransfer funds from accounts at another financial institution to your Account.(i)(ii)5.3Linked Accounts. The Linked Accounts Service is the service available through OnlineBanking by which you may transfer funds from a checking account at another financialinstitution and load those funds to your Card Account via the ACH network.(a)Use of Linked Accounts. To use the Linked Accounts Service, you must providethe account number and routing transit number associated with your checkingaccount at another financial institution and complete the verification process.(b)Linked Accounts limits. Transfers using the Linked Accounts Service are subjectto the limits described in Section 6.4.(c)Linked Accounts fees. We do not charge any fee for transfers using the LinkedAccounts Service. However, you should check with your other bank for any of itsapplicable limits or fees.(d)Timing. Your funds may not be available in your Card Account for up to four (4)Business Days after the scheduled transfer is initiated.Emerald Advance payments. You may use Online Banking to transfer funds from anaccount at another financial institution to make a payment to your Emerald Advance lineof credit by providing the debit card number associated with the external account. Anytransfer is limited to the lesser of 1,200 or the amount then required to pay down yourEmerald Advance line of credit to zero. You may only make one (1) such transfer per day.Bill Pay. The Bill Pay Service is the service available through Online Banking and Mobile Banking in whichyou can schedule and make payments from your Card Account to Payees.(A)Use. To use the Bill Pay Service, you must provide an acceptable Payment Instruction to allow usto process the Scheduled Payment. You are solely responsible for providing accurate PaymentInstructions and we will rely on the information you provide. You understand that by schedulinga future payment, we will not place any hold on funds in your Card Account, and you are solelyresponsible for ensuring sufficient funds are in your Card Account at the time we begin to processthe payment. If there are not sufficient funds in your Card Account at that time, no payment willbe made. We may, at our option and in our sole discretion, remit, stop, or cancel payments, orrefuse to permit you to use the Bill Pay Service in whole or in part, at any time.(B)Payment methods. Payments via the Bill Pay Service will be made by the method of payment weselect in our sole discretion, which can include an electronic payment, an electronic to checkpayment, or payment by a paper check. To process payments more efficiently, we may editpayment data or data formats in accordance with Payee instructions.

5.4(C)Authorization. By using the Bill Pay Service, you authorize and direct us to process payments,including debiting your Card Account, in accordance with your Payment Instructions. You alsoauthorize us to credit your Card Account for payments returned to us.(D)Processing time. When you schedule a payment through the Bill Pay Service, you must allowsufficient time for us to receive and process the Scheduled Payment before the Due Date. Youmay request an expedited payment for an additional fee, which could be a (i) same-day electronicpayment; or (ii) an overnight check payment.(E)Late payments. Some transactions may take longer to be credited to your account at a Payee dueto circumstances beyond our control, such as delays in handling and posting payments by Payeesor financial institutions, or delivery delays. We have no responsibility for any late paymentcharges that may be imposed by a Payee.(F)Limits. Transactions within the Bill Pay Service are subject to the limits described in Section 6.4.Payments to Payees outside of the United States or its territories and payments prohibited by law,including payments to unlawful Internet gambling sites, may not be made through the Bill PayService.(G)Payment cancellation requests. You may cancel or edit a Scheduled Payment in Mobile Bankingor

means this Online and Mobile Banking Agreement. 2.5 "Bill Pay Service" means the Service accessible via Mobile Banking and Online Banking that permits you to schedule and make payments from your Emerald Card to Payees. 2.6 "Business Day" is every Monday through Friday, excluding federal holidays , even if we are open . 2.7 "Card Account" or "